Terms and Conditions

2017 National Adaptation Forum Participant Terms and Conditions

National Adaptation Forum Sponsorship/Exhibitor Terms and Conditions

National Adaptation Forum Web Site Terms of Use

National Adaptation Forum Web Site Privacy Policy

 

2017 National Adaptation Forum Participant Terms and Conditions

Agreement

These terms and conditions create a binding agreement between Participant and EcoAdapt pertaining to registration for the National Adaptation Forum. Participants must review the following important information and select the box confirming that they understand and agree to these terms and conditions.

Definitions

As used in this Participant Agreement, the capitalized terms appearing below have the following meanings:

A. “EcoAdapt” means EcoAdapt, a District of Columbia nonprofit corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which operates the National Adaptation Forum and owns all of the rights associated therewith.

B. “National Adaptation Forum” means the 2017 National Adaptation Forum, which takes place May 8-11, 2017, in Saint Paul, MN at the RiverCentre Convention Center.

C. “National Adaptation Forum Official Website” means the website at www.NationalAdaptationForum.org.

D. “Participant” means the person whose name appears on the line marked “Participant” on the Participant registration form.

Payment and Cancellation Terms and Policy

A. Participant agrees to pay in full the registration fee via PayPal’s online payment system. Participant will be directed to PayPal’s website upon signing up for the National Adaptation Forum and will receive a registration confirmation and receipt by email upon agreeing to this Agreement and registering for the National Adaptation Forum.

B. Capacity of the National Adaptation Forum is limited. Registration will be handled on a first-come, first-served basis. EcoAdapt reserves its right to accept additional reservations in its sole discretion.

C. All cancellations must be requested in writing via email to info@NationalAdaptationForum.org. If Participant cancels on or before Monday, April 24 11:59 PM (ET), Participant will receive a refund of the registration fee less a $50.00 processing fee. After Tuesday, April 25 12:00 AM (ET), no refunds will be issued for any late cancellations, no-shows, late arrivals, and/or early departures by Participant. Refunds for timely cancellations will be in the form of check and will be made no later than 30 days after receiving the cancellation notice. No cash refunds will be given.

D. Cancellation of this agreement does not affect Participant’s hotel and travel arrangements. Participant is solely responsible for cancelling his/her own hotel and travel reservations.

Substitution Policy

Substitutions of Participant registration for the National Adaptation Forum is within the sole discretion of EcoAdapt. Participants seeking a registration substitution are required to submit to EcoAdapt a written permission from the original registrant no later than Monday, May 1, 2017. All registration information needed for the new registrant must be included when substitution is requested. Please email request to info@NationalAdaptationForum.org.

Services Included With Registration to National Adaptation Forum

  • Admission to the National Adaptation Forum.
  • Entrance to the Minnesota Climate Adaptation Conference May 9, 2017.
  • National Adaptation Forum program and materials.
  • Opening and closing plenary sessions.
  • Five Plenary Sessions. 
  • Access to over 50 adaptation exhibitors.
  • Free wi-fi in the RiverCentre Convention Center with a computer bar and networking space.
  • Daily buffet breakfast and lunch, including a morning snack at the venue; beverage service all day during the National Adaptation Forum, including coffee, tea, and water. EcoAdapt expressly reserves the right to change its food and beverage offerings at any time and for any reason.
  • Pre-Forum Meet and Greet May 8, 2017 at InterContinental Hotel.
  • Forum Networking, Tools Café, and Poster Reception May 9, 2017 at RiverCentre Grand Ballroom.

Services Included With Registration to Minnesota Climate Adaptation Conference Only

  • Admission to the National Adaptation Forum on May 9, 2017.
  • Entrance to the May 9, 2017 Minnesota Climate Adaptation Conference.
  • National Adaptation Forum program and materials.
  • Plenary sessions on May 9, 2017.
  • Access to over 50 adaptation exhibitors on May 9, 2017 only.
  • Free wi-fi in the RiverCentre Convention Center with a computer bar and networking space on May 9, 2017 only.
  • Buffet breakfast and lunch, including a morning snack at the venue; beverage service all day, including coffee, tea, and water on May 9, 2017. EcoAdapt expressly reserves the right to change its food and beverage offerings at any time and for any reason.
  • Pre-Forum Meet and Greet May 8, 2017 at InterContinental Hotel.
  • Forum Networking, Tools Café, and Poster Reception May 9, 2017 at RiverCentre Grand Ballroom.

Services Excluded From Registration to National Adaptation Forum and Minnesota Climate Adaptation Conference

Participants are solely responsible for making their own hotel and travel arrangements. Accommodation during and transportation to the National Adaptation Forum is not included in the registration fee. Due to limited resources, EcoAdapt is not able to provide any type of virtual attendance of the National Adaptation Forum. Participants are expected to attend the National Adaptation Forum in person at the RiverCentre Convention Center.

Disability Modification Requests

EcoAdapt is committed to serving all National Adaptation Forum Participants. Participants with a disability requiring a reasonable modification to facilitate a presentation and/or participation in the conference, should submit all modification requests at the time of registration and no later than March 27, 2017. EcoAdapt will make every effort to accommodate reasonable modification requests that do not impose an undue burden on EcoAdapt.

National Adaptation Forum Program Schedule and Timing

EcoAdapt reserves the right to change the National Adaptation Forum program schedule and timing at any time and for any reason.

Photography, Audio, and Video Recording

EcoAdapt does not prohibit Participants, exhibitors, sponsors, news organizations or other companies from photographing or recording some Forum activities. EcoAdapt reserves the right to use images and/or recordings taken at the Forum with Participants’ photograph and/or likeness in future outreach, educational, and/or marketing materials, including making the materials available through EcoAdapt (www.ecoadapt.org), CAKE (www.cakex.org) and NAF (www.NationalAdaptationForum.orgwebsites.

Content of Discussions and Presentations; Use of Images and Recordings

The views expressed by any speaker, sponsor, exhibitor, or attendee of National Adaptation Forum are not necessarily those of EcoAdapt. All National Adaptation Forum speakers, sponsors, exhibitors or attendees are solely responsible for the content of any and all individual or corporate presentations, marketing collateral, advertising, and online web content.

Speakers and presenters must make their presentation materials, including pamphlets and handouts, available for EcoAdapt using EcoAdapt’s online upload platform. EcoAdapt reserves the right to reproduce these materials for outreach, educational, and/or marketing purposes related to the National Adaptation Forum, including making the materials available through EcoAdapt (www.ecoadapt.org), CAKE (www.cakex.org) and NAF (www.NationalAdaptationForum.org) websites. Participant notes, which are for personal use only, do not have to be made available to EcoAdapt.

Conduct of Participants

All National Adaptation Forum Participants shall comply with the following rules. In its sole discretion and without refund, EcoAdapt reserves the right to refuse admittance to or expel from the National Adaptation Forum any Participant that it determines is behaving in a manner that could be disruptive to the National Adaptation Forum or any other attendee. In the event of any such restriction or eviction, EcoAdapt shall not be liable for any refunds or other expenses.

Participant acknowledges that EcoAdapt has full power to interpret and enforce the rules mentioned in this section and may revise these rules as circumstances warrant at any time by posting updates on the National Adaptation Forum Official Website.

Participant agrees to the following:

A. Participant shall refrain from smoking, including e-cigarette use, or making any open flames while inside the RiverCentre Convention Center.

B. Participant shall not put up or operate any motor or machinery on the premises or use oils, burning fluids, camphene, kerosene, naphtha or gasoline for either mechanical or other purposes.

C. Participant shall refrain from damaging any personal or real property of the RiverCentre Convention Center.

D. Participant shall refrain from posting signs, advertisements, show bills, lithographs, posters or cards of any description in or on any part of RiverCentre Convention Centre, except in regular locations provided by EcoAdapt.

Liability and Indemnification

EcoAdapt, the RiverCentre Convention Center, and their directors, officers, agents, employees, and volunteers shall not be responsible for the safety of the property of Participant from theft, damage by fire, accident, or other causes, nor for injury that occurs in connection with Participant’s attendance of the National Adaptation Forum. In no event will EcoAdapt or its directors, officers, agents, or employees be liable to Participant, whether in contract or tort, for any amount in excess of the amount paid by Participant to register for the National Adaptation Forum.

Participant shall at all times defend, indemnify, and hold harmless EcoAdapt, the RiverCentre Convention Center, and their respective directors, officers, agents, and employees, from all claims, demands, action, loss, cost, or liability of every kind (including reasonable legal fees and expenses) arising from, in connection with, or by reason of Participant’s attendance at the National Adaptation Forum, including, but not limited to, any costs incurred as the result of alleged violations of these terms and conditions, the RiverCentre Convention Center’s requirements, state or federal law, and/or copyright infringements.

Force Majeure and Cancellation or Postponement of the National Adaptation Forum

In the event of fire, disaster, terrorism, threat of terrorism, civil disturbance, government or travel advisories, hazardous weather, strike, or any unforeseen occurrence, including, but not limited to, the availability of the RiverCentre Convention Center, that renders it impossible for the National Adaptation Forum to take place as planned, EcoAdapt may, at its option, postpone, reschedule, and/or cancel the National Adaptation Forum without liability.

Participant hereby waives any claim against EcoAdapt for damages or compensation in the event of such an outcome. If the National Adaptation Forum is cancelled, EcoAdapt’s liability shall be limited to the amount paid by Participant in connection with this Agreement, less a proportionate share of all expenses incurred by EcoAdapt related to the National Adaptation Forum. No refund shall be made if the dates or location of the National Adaptation Forum change. EcoAdapt shall not be financially liable in the event the National Adaptation Forum is interrupted, cancelled, moved, or its dates are changed except as provided herein.

Governing Law

This agreement shall be deemed to have been made in the State of Washington, USA and its validity, construction, breach, performance and interpretation shall be governed by the laws of the State of Washington, USA.

Dispute Resolution

By registering for the National Adaptation Forum, Participant unconditionally agrees that any dispute or claim arising out of these Terms, any resulting or related transaction, the relationship of the parties, or Participant’s participation in the National Adaptation Forum shall be decided by neutral, exclusive and binding arbitration in Kitsap County, Washington, USA. Provided, however, that nothing herein shall require arbitration of any claim or charge which, by law, cannot be the subject of a compulsory arbitration agreement.

The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules. Any arbitration proceeding brought under this Agreement shall be conducted before one arbitrator. The arbitrator shall be selected in accordance with the AAA Rules. Each party to any dispute shall pay its own expenses and fees, including attorneys’ fees. Subject to whatever limitations, if any, exist in the applicable law on such remedies the arbitrator will be empowered to award either party any remedy at law or in equity that the party would otherwise have been entitled to had the matter been litigated in court, including injunctive relief, costs and attorney fees; provided, however, that the arbitrator is not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages to the greatest extent permitted by law. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law.

Either party may appear telephonically at the arbitration hearing. The award of the arbitrator may be enforced in any court of competent jurisdiction located in the State of Washington, USA. In the event that the arbitration clause is deemed void or inapplicable, each party expressly consents to and submits to the personal jurisdiction of the federal or state court(s) of Kitsap County, Washington, USA. Any arbitration proceedings, decision or award rendered hereunder, and the validity, effect and interpretation of this arbitration provision, shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ECOADAPT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Waiver and Severability

No waiver of any provision of these terms and conditions shall be valid unless in writing and signed by EcoAdapt. If any portion of these terms and conditions is determined to be unenforceable or invalid, such determination shall not be deemed to affect the enforceability or validity of the remainder of these terms and conditions.

EFFECTIVE AS OF: 12 September 2016

LAST UPDATED: 12 September 2016

 

Agreement

These additional terms and conditions together with the Sponsorship/Exhibitor Application submitted by Sponsor/Exhibitor create a binding agreement between Sponsor/Exhibitor and EcoAdapt.

Definitions

As used in this Sponsor/Exhibitor Agreement, the capitalized terms appearing below have the following meanings:

“EcoAdapt” means EcoAdapt, a District of Columbia nonprofit corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which operates the National Adaptation Forum and owns all of the rights associated therewith.

“EcoAdapt Marks” means EcoAdapt’s name and logo and the name and logo of the National Adaptation Forum, in the form and manner EcoAdapt chooses to make them available to Sponsor/Exhibitor in connection with and subject to the limited license granted by this Agreement.

“National Adaptation Forum” means the 2017 National Adaptation Forum, which takes place May 9-11, 2017, in Saint Paul, MN at the RiverCentre Convention Center.

“National Adaptation Forum Official Website” means the website at www.nationaladaptationforum.org.

“Sponsor/Exhibitor” means the person whose name appears on the line marked “Sponsor/Exhibitor” on the Sponsorship/Exhibitor Application.

“Sponsor/Exhibitor Marks” means Sponsor/Exhibitor’s name, logo, and other marks Sponsor/Exhibitor makes available to EcoAdapt under the limited license granted by this Agreement.

“Sponsorship” means the Sponsor/Exhibitor’s sponsorship of the National Adaptation Forum at the level indicated on the Sponsorship/Exhibitor Application.

Payment Terms and Policy

A. Sponsor/Exhibitor has the option of either: (i) enclosing the payment required with this signed Agreement or (ii) requesting an invoice from EcoAdapt. Payment is expected within 30 days after receipt of the invoice; otherwise, approval of the Sponsorship/exhibit booth, as applicable, may be rescinded by EcoAdapt in its sole discretion.

Payments are to be made to EcoAdapt, PO Box 11195, Bainbridge Island, WA 98110

B. All cancellations must be requested in writing via email to WendyKay.Gewiss@EcoAdapt.org. If Sponsor/Exhibitor cancels the Sponsorship/exhibit booth on or before April 7, 2017, Sponsor/Exhibitor will receive a full refund of the amount paid by Sponsor/Exhibitor. After April 7,2017, no refunds will be issued for any cancellation by Sponsor/Exhibitor.

C. Sponsor/Exhibitor acknowledges and agrees that EcoAdapt’s acceptance of any payment does not suggest or convey EcoAdapt’s approval, endorsement, certification, acceptance, or referral of any product or service of Sponsor/Exhibitor.

D. Sponsor/Exhibitor acknowledges that a single sponsorship or exhibitor payment may be treated as separate payments and accounted for as such. A portion of each sponsorship will be allocated to the costs of services and benefits received while the remainder will be considered a contribution to EcoAdapt. $275, $525 or $625 for each student, nonprofit/government/university, or corporate registration, $1,200, $2,400, $4,800, or $10,000 for a small, medium, large or x-large exhibit space, and other costs as incurred may be considered services and benefits received. A sponsorship may not be fully deductible as a contribution to an exempt organization as described in Section 501(c)(3) of the Internal Revenue Code. Please email info@NationalAdaptationForum.org with accounting questions if needed. 


Limited License and Publicity Release to EcoAdapt

Sponsor/Exhibitor grants EcoAdapt a limited, revocable, non-exclusive license to use and authorize its agents to use the Sponsor/Exhibitor Marks, subject to the reasonable formatting requirements of Sponsor/Exhibitor, in order for EcoAdapt to list Sponsor/Exhibitor in the National Adaptation Forum program book, to acknowledge the Sponsorship, and to provide the other benefits that correspond with the Sponsorship level or exhibit booth size selected by Sponsor/Exhibitor. If Sponsor/Exhibitor is assigned the use of an exhibit booth, Sponsor/Exhibitor grants EcoAdapt an irrevocable right to make and use, and authorize its agents to make and use images, video and audio recordings, in any media, of Sponsor/Exhibitor’s booth and the Sponsor/Exhibitor Marks, displays, printed matter, products, and other material appearing in, on, or around the booth for EcoAdapt- or National Adaptation Forum-related educational, marketing or outreach activities.  Sponsor/Exhibitor represents and warrants that it has the full right and authority to grant the rights  herein; that it has not previously in any manner disposed of any of the rights herein granted to EcoAdapt nor previously granted any rights adverse thereto or inconsistent therewith; that there are no rights outstanding which would diminish, encumber or impair the full enjoyment or exercise of the rights herein granted to EcoAdapt; and that the Sponsor/Exhibitor Marks do not and will not violate or infringe upon any patent, copyright, literary, privacy, publicity, trademark, service mark, or any other personal or property right of any third party, nor will same constitute a libel or defamation of any third party.

Limited License to Sponsor/Exhibitor

EcoAdapt grants Sponsor/Exhibitor a limited, revocable, non-exclusive license to use and authorize its agents to use the EcoAdapt Marks, subject to the reasonable formatting requirements of EcoAdapt, for the limited purpose of promoting the National Adaptation Forum and the Sponsorship, but only if promotion of the Sponsorship is incidental to promotion of the National Adaptation Forum. All uses of the EcoAdapt Marks shall be subject to EcoAdapt’s approval. EcoAdapt reserves the right to deny any use of the EcoAdapt Marks EcoAdapt deems to be inconsistent with the limited license hereunder.

Sponsorship Acknowledgments

Sponsor/Exhibitor agrees that all acknowledgments of the Sponsorship will comply with the requirements of the Internal Revenue Code and Internal Revenue Service regulations in order to enable some or all of the Sponsor/Exhibitor’s payment to be a “qualified sponsorship payment” under such regulations. The placement, form, content, appearance, and all other aspects of Sponsorship acknowledgments shall be determined by EcoAdapt in its sole discretion, subject to Sponsor/Exhibitor’s reasonable formatting requirements.

Exhibit Booth Assignment and Specifications

While EcoAdapt will attempt to accommodate a request for a particular exhibit booth, Sponsor/Exhibitor acknowledges that such accommodation may not be possible. EcoAdapt has the right to refuse any applicant for an exhibit booth as well as the right to restrict or evict Sponsor/Exhibitor from an exhibit booth if Sponsor/Exhibitor breaches this Agreement or if Sponsor/Exhibitor’s use of an assigned exhibit booth, in the opinion of EcoAdapt, detracts from the general character of the National Adaptation Forum and EcoAdapt’s charitable and educational mission of advancing climate change adaptation. This right applies to displays, printed matter, promotional materials, noise, personal conduct, and methods of operation. In the event of any such restriction or eviction, EcoAdapt shall not be liable for any refunds or other exhibit expenses. EcoAdapt will use reasonable efforts to prepare exhibit booths in accordance with the specifications and floor plan posted on the National Adaptation Forum Official Website; however, EcoAdapt shall not be liable to Sponsor/Exhibitor for any deviation from such specifications and floor plan, which are subject to change by EcoAdapt, in its sole discretion, as circumstances may warrant.

Conduct of Exhibitors and Other Attendees

A. If Sponsor/Exhibitor is assigned the use of an exhibit booth, Sponsor/Exhibitor must confine all materials and promotional activities to its assigned exhibit booth and ensure the safety of all persons staffing or visiting the exhibit booth. All of the following practices are expressly prohibited: promotion of products and services other than those manufactured or regularly distributed by Sponsor/Exhibitor; distribution of samples outside of the assigned exhibit booth; excessive noise that interferes with other exhibitors; storage or use of flammable or explosive materials or any substance prohibited by federal, state or local laws; use of materials with strong odors; and solicitation of business by anyone other than a representative of Sponsor/Exhibitor. Sponsor/Exhibitor is charged with knowledge of all federal, state, and local laws, ordinances, and regulations pertaining to health, fire prevention, and public safety in connection with its exhibit booth use. Compliance with such laws is mandatory and the sole responsibility of the Sponsor/Exhibitor.

B. Sponsor/Exhibitor and all attendees of the National Adaptation Forum shall comply with all applicable National Adaptation Forum Exhibitor and Attendance Rules as posted on the National Adaptation Forum Official Website. Sponsor/Exhibitor acknowledges that EcoAdapt has full power to interpret and enforce such rules and may revise such rules as circumstances warrant at any time by posting updates on the National Adaptation Forum Official Website, and that EcoAdapt reserves the right to restrict or evict Sponsor/Exhibitor or any other attendee who violates this Agreement or such rules. In the event of any such restriction or eviction, EcoAdapt shall not be liable for any refunds or other expenses.

Americans with Disabilities Act Compliance

If Sponsor/Exhibitor is assigned the use of an exhibit booth, Sponsor/Exhibitor represents and warrants that: (A) its exhibit will be accessible to the full extent of the law, (B) its exhibit will comply with the Americans with Disabilities Act (ADA) and its implementing regulations, and (C) it shall indemnify, hold harmless, and defend EcoAdapt and the RiverCentre Convention Center from and against any and all claims and expenses, including reasonable attorneys fees and litigation expenses that may be incurred as a result of Sponsor/Exhibitor’s breach of this paragraph or noncompliance with any of the provisions of the ADA.

Liability and Insurance

Sponsor/Exhibitor shall at all times defend, indemnify, and hold harmless EcoAdapt, the RiverCentre Convention Center, and their respective directors, officers, agents, and employees, from all claims, demands, action, loss, cost, or liability of every kind (including reasonable legal fees and expenses) arising from, in connection with, or by reason of Sponsor/Exhibitor’s use of an exhibit booth or its and its directors, officers, employees, agents and guests’ attendance at the National Adaptation Forum, including but not limited to, any costs incurred as the result of alleged violations of copyright arising out of the use of mechanically and electronically reproduced music. EcoAdapt, the RiverCentre Convention Center, and their directors, officers, agents, employees, and volunteers shall not be responsible for the safety of the property of the Sponsor/Exhibitor from theft, damage by fire, accident, or other causes, nor for injury that occurs in connection with Sponsor/Exhibitor’s use of an exhibit booth to Sponsor/Exhibitor or any of its representatives, employees, agents, licensees, or guests. In no event will EcoAdapt or its directors, officers, agents, or employees be liable to Sponsor/Exhibitor, whether in contract or tort, for any amount in excess of the amount paid by Sponsor/Exhibitor in connection with this Agreement. Sponsor/Exhibitor retains the sole responsibility for its own exhibit property. Sponsor/Exhibitor must obtain insurance policies covering loss to its exhibit property, and Sponsor/Exhibitor must maintain liability insurance to protect against claims of bodily injury, property damage, and personal/advertising injury that may arise in connection with Sponsor/Exhibitor’s use of an exhibit booth. Such insurance shall name EcoAdapt and the RiverCentre Convention Center as additional insureds. Sponsor/Exhibitor must provide certificates of insurance demonstrating compliance with these requirements upon EcoAdapt’s request.

GOVERNMENT AGENCIES ONLY: If Sponsor/Exhibitor is a government agency, Sponsor/Exhibitor’s obligations under this Agreement to defend, indemnify and hold harmless shall be limited in substance by statutes and constitutional provisions designed to limit the exposure and liability of Sponsor/Exhibitor (e.g., actions and conditions as to which Sponsor/Exhibitor is immunized by principles of sovereign immunity), so that its liability shall not exceed the maximum liability it would have under applicable state or federal law if it were sued directly by the claimant.

Force Majeure and Cancellation or Postponement of the National Adaptation Forum

In the event of fire, disaster, terrorism, threat of terrorism, civil disturbance, government or travel advisories, hazardous weather, strike, or any unforeseen occurrence that renders it impossible for the National Adaptation Forum to take place as planned, EcoAdapt may, at its option, cancel the National Adaptation Forum. Sponsor/Exhibitor hereby waives any claim against EcoAdapt for damages or compensation in the event of such an outcome. If the National Adaptation Forum is cancelled, EcoAdapt’s liability shall be limited to the amount paid by Sponsor/Exhibitor in connection with this Agreement, less a proportionate share of all expenses incurred by EcoAdapt related to the National Adaptation Forum. No refund shall be made if the dates or location of the National Adaptation Forum change. EcoAdapt shall not be financially liable in the event the National Adaptation Forum is interrupted, canceled, moved, or its dates are changed except as provided herein.

Waiver and Severability

No waiver of any provision of this Agreement shall be valid unless in writing and signed by EcoAdapt. If any portion of this Agreement is determined to be unenforceable or invalid, such determination shall not be deemed to affect the enforceability or validity of the remainder of this Agreement.

(17February2017)

 

National Adaptation Forum Web Site Terms of Use

Please read the following Terms carefully before using EcoAdapt’s National Adaptation Forum website, http://NationalAdaptationForum.org (the “Web Site”). By accessing or using the Web Site, you agree to the following “Terms.” If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to, and/or downloaded from the Web Site.

EcoAdapt will make an effort to update this web page with any changes to these Terms, which is in EcoAdapt’s sole discretion, and/or to the services described in these Terms, and you are encouraged to review these Terms frequently. EcoAdapt will notify you about any significant policy changes by sending a notice to the primary email address you provided, or by placing a prominent notice on the Web Site.

Convenience and Information Only;

Acceptance of Terms By merely providing access to the Web Site, EcoAdapt does not warrant or represent that: (1) the Content is accurate, complete, up-to date or current; (2) EcoAdapt has any obligation to update any Content; (3) the Content is free from technical inaccuracies or typographical errors; (4) the Content does not infringe on the intellectual property rights of any third party; (5) the Content is free from changes caused by a third party; (6) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (7) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal and Washington state law (“Applicable Law”).

Age of User

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Web Site is not intended for children under 13 that are unaccompanied by his or her parent or legal guardian.

Site Use and Content

You may view, copy, or print pages from the Web Site solely for personal, noncommercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of EcoAdapt. At any time, EcoAdapt may, without further notice, make changes to the Web Site, to these Terms, and/or to the services described in these Terms.

Electronic Communication

You agree that EcoAdapt may respond to any communication you send to it with an electronic communication, regardless of whether your original communication with EcoAdapt was an electronic communication. Any electronic communication EcoAdapt sends to you will be considered received within 2 calendar days of the date such communication is sent by computer servers utilized by EcoAdapt to the email address you provided. To the extent permissible under Applicable Law, any electronic communication you send to EcoAdapt will not be effective until EcoAdapt has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with EcoAdapt immediately and, in no event, should your sole method of communication with EcoAdapt regarding any emergency be by electronic communication. EcoAdapt strongly suggests that you report all matters requiring immediate attention to it by calling 1-206-201-3244. EcoAdapt may require you to provide written confirmation of any verbal or electronic notice of alleged error by EcoAdapt.

Disclaimers

A. No Warranties YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ECOADAPT PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. ECOADAPT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ECOADAPT SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

B. Indemnification YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ECOADAPT AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ASSESSED OR INCURRED BY ECOADAPT, DIRECTLY OR INDIRECTLY, WITH RESPECT TO OR ARISING OUT OF: (1) YOUR FAILURE TO COMPLY WITH THESE TERMS; (2) YOUR BREACH OF YOUR OBLIGATIONS UNDER THESE TERMS; (3) YOUR USE OF THE RIGHTS GRANTED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY CLAIMS MADE BY ANY THIRD PARTIES; AND/OR (4) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.

C. Limitation of Liability IN NO EVENT WILL ECOADAPT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF ECOADAPT’S COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS ECOADAPT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Third Party Content

EcoAdapt may provide hyperlinks to other web sites maintained by third parties, or it may provide third party content on the Web Site by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content on any linked web site is not under EcoAdapt’s control and it is not responsible for the content of linked web sites, including any further links contained in a third party web site. If you decide to access any of the third party web sites linked to the web site, you do so entirely at your own risk.

Copyright and Trademarks

Unless otherwise indicated, the trademarks, service marks and logos used and displayed on the Web Site are EcoAdapt’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. EcoAdapt is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All EcoAdapt trademarks and service marks that may be referred to on the Web Site are the property of EcoAdapt. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of EcoAdapt’s trademarks or service marks without EcoAdapt’s prior written permission. EcoAdapt enforces its intellectual property rights. Neither the name of EcoAdapt nor any of EcoAdapt’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without EcoAdapt’s prior written permission. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact EcoAdapt at the address, email address or telephone number set forth at the bottom of these Terms.

User Account

EcoAdapt allows you to create a user account through the Web Site for a limited time period. EcoAdapt uses reasonable precautions to protect the privacy of your password and User Account in accordance with the National Adaptation Forum Web Site Privacy Policy. You, however, are ultimately responsible for protecting your password and User Account information from disclosure to third parties.

EcoAdapt reserves the right to terminate your user account at any time and for any reason. You have the right to terminate your user account by writing to EcoAdapt at the address provided at the end of these Terms or by sending an email to info@NationalAdaptationForum.org.

Local Laws

EcoAdapt makes no representation that Content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. EcoAdapt is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with Washington state law. The Web Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over EcoAdapt, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts in the state of Washington and for the county of Kitsap County, Washington. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

Governing Law

The law applicable to the interpretation and construction of these Terms and Conditions and any transaction (including purchases made on this Web Site) using or related to the Web Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.

Dispute Resolution

By using this Web Site, you unconditionally agree that any dispute or claim arising out of these Terms and Conditions, any resulting or related transaction, the relationship of the parties, or your use of this Web Site shall be decided by neutral, exclusive and binding arbitration in Kitsap County, Washington, USA. Provided, however, that nothing herein shall require arbitration of any claim or charge which, by law, cannot be the subject of a compulsory arbitration agreement.

The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules. Any arbitration proceeding brought under these Terms shall be conducted before one arbitrator. The arbitrator shall be selected in accordance with the AAA Rules. Each party to any dispute shall pay its own expenses and fees, including attorneys’ fees. Subject to whatever limitations, if any, exist in the applicable law on such remedies the arbitrator will be empowered to award either party any remedy at law or in equity that the party would otherwise have been entitled to had the matter been litigated in court, including, but not limited to injunctive relief, costs and attorney fees; provided, however, that the arbitrator is not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages to the greatest extent permitted by law. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law.

Either party may appear telephonically at the arbitration hearing. The award of the arbitrator may be enforced in any court of competent jurisdiction located in the State of Washington, USA. In the event that the arbitration clause is deemed void or inapplicable, each party expressly consents to and submits to the personal jurisdiction of the federal or state court(s) of Kitsap County, Washington, USA. Any arbitration proceedings, decision or award rendered hereunder, and the validity, effect and interpretation of this arbitration provision, shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ECOADAPT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Miscellaneous

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and EcoAdapt’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms are the entire agreement between you and EcoAdapt with respect to your use of the Web Site and supersede any and all prior communications and prior agreements, whether written or oral, between you and EcoAdapt regarding the Web Site.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email info@NationalAdaptationForum.org or by sending your comments to:

EcoAdapt / National Adaptation Forum
PO Box 11159
Bainbridge Island, WA 98110
Attn: Eric Mielbrecht

EFFECTIVE AS OF: 12 September 2016

LAST UPDATED: 12 September 2016

 

National Adaptation Forum Web Site Privacy Policy

Disclosure of Personal and/or Account Information

EcoAdapt is committed to safeguarding your online privacy with respect to the personally identifiable information that EcoAdapt may obtain from you at its Web Site. These Terms answer questions about your online privacy, including what personally identifiable information EcoAdapt may obtain from you and how it will be used and protected.

What personally identifiable information does EcoAdapt obtain from you? When does EcoAdapt obtain such information?

If, upon visiting the Web Site, your use is limited to browsing the informational Content, EcoAdapt will not require that you provide EcoAdapt with any personally identifiable information. However, EcoAdapt may request personal information from you at other times. For example: (1) If you enroll for the National Adaptation Forum through the Web Site, EcoAdapt may ask that you provide certain personal information, or (2) If you provide EcoAdapt with presentation materials for the National Adaptation Forum using the online upload platform, EcoAdapt will ask that you provide it with your name, affiliation, e-mail address, phone number, address.

How does EcoAdapt protect the security and quality of your personal information?

Your information will be treated confidentially and will never be sold to any third party. Generally, EcoAdapt does not rent, sell, or share personal information about you with other people or companies except when it has your permission, or unless EcoAdapt is acquired by or merged with another company. In this event, EcoAdapt will notify you before information about you is transferred and becomes subject to a different privacy policy. EcoAdapt does, however, from time to time, share personal information of National Adaptation Forum participants (limited to full names, email addresses, and business affiliations) with Forum partners or other third parties engaged in climate adaptation, such as the Minnesota Climate Adaptation Conference or other regional adaptation convention hosts. EcoAdapt does not provide notice to Forum participants before transferring this limited information to Forum partners.

Unfortunately, notwithstanding any of security steps taken by EcoAdapt, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while EcoAdapt takes reasonable steps to protect your personal information, it cannot and does not warrant the security or integrity of any information you transmit to it when registering for the National Adaptation Forum or otherwise. All such transmission of information is at your own risk.

How does EcoAdapt use your information?

EcoAdapt’s primary use of your information is to administer, maintain, and improve your experience on the Web Site. EcoAdapt uses your financial information (e.g., your credit card number) only to verify your credit and to bill you for the registration to the National Adaptation Forum. EcoAdapt uses your contact information as necessary to send you information about the National Adaptation Forum and/or updates to these Terms.

Can you “opt-out” of receiving communications from EcoAdapt?

If you change your mind and decide that you no longer want to receive e-mail newsletters, you may opt-out at any time by simply sending an e-mail request to info@NationalAdaptationForum.org. Similarly, if you are not receiving EcoAdapt’s promotional e-mails and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to info@NationalAdaptationForum.org.

Privacy Policies of EcoAdapt’s Partners

Third parties that have links on the Web Site may collect personally identifiable information about you. EcoAdapt is not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by these Terms. If you have questions about the privacy policies or practices of a third party site, you should contact the site administrator of the specific site.

How can you update, correct, or delete your personally identifiable information?

You may edit your personally identifiable information at any time by logging into your profile at www.NationalAdaptationForum.org or sending an e-mail request to info@NationalAdaptationForum.org.

EFFECTIVE AS OF: 12 September 2016

LAST UPDATED: 12 September 2016